Newberry and Newberry

In the matter of *Newberry and Newberry*, Kent J of the Family Court of Australia considered an application concerning the method of evidence presentation for three witnesses. The dispute involved the ability of these witnesses, Ms E, Mr E, and Mr TK, to give evidence via video link from Washington in the United States of America.

The primary legal issue before the Court was whether to grant permission for these witnesses to give evidence remotely, as provided for under rule 16.05 of the *Family Law Rules 2004* (Cth). This rule governs the use of technology for the giving of evidence in family law proceedings.

Kent J determined that the witnesses should be permitted to give evidence by video link. The Court further ordered that the Mother would bear the costs of any documents that needed to be couriered to these witnesses for identification during cross-examination, should the Independent Children’s Lawyer or the Father require it.